Our Answers to Your Eminent Domain Questions.

About Eminent Domain

Eminent domain is the government’s authority to take private property for public use, such as roads, public buildings, utilities, and other projects deemed necessary as a public need.
Eminent domain is found in the Fifth Amendment of the United States Constitution, which states that property owners are entitled to just compensation for property taken for public use.
Typically a notice is given to the property owner from the government expressing intent to acquire all or part of their property.

Eminent domain cases can involve total takings, partial takings, and temporary takings. Landowners have the right to just compensation in all types of takings.
A partial taking happens when the government acquires only a portion of your commercial or residential property.
A total taking happens when the government acquires an entire piece of your commercial or residential property.
A temporary taking is when the government temporarily takes your property for a limited time to complete a project.
Proximity damage, typically during a partial taking, are a type of consequential damage. An example is when a road inches closer to a physical structure
Inverse condemnation occurs when the government takes or damages private property without following formal eminent domain procedures.

Property owners have the right to receive just compensation, challenge the taking, and seek legal representation.
You have the right to negotiate, however, the government has the authority to acquire property through condemnation proceedings if there is a public need, per the U.S. Constitution.
You can challenge the necessity of the taking or the amount of compensation offered to acquire your property in court.

You should immediately consult with an experienced eminent domain attorney to understand your rights as a landowner.
Yes, it is necessary to work with an eminent domain attorney who can ensure a smooth process and ensure you receive just compensation.
Gather any related property documents, working with eminent domain-focused appraisers and attorneys to ensure all aspects of your property’s value are considered.

Our experienced eminent domain attorneys help commercial and residential landowners negotiate for just compensation and guide you through the entire legal process.
Our attorneys have helped a multitude of landowners across the Southeast receive just compensation for their land during a government taking. Don’t settle for less; talk with an attorney today.